Use of the grid

Updated: 18.12.2018

Author: Tim Sternkopf

The grid operators are entitled to the conclusion of grid access agreements, which set out the rules for connection to and use of the grid (§ 5 para. 1 no. 2 ElWOG in conjunction with § 7 no. 55 ElWOG). A claim for the purchase and transmission of electricity arises on the date on which a grid access agreement is concluded.

Entitled party. The entitled parties are the grid users (§ 54 para. 1 no. 2 ElWOG). A grid user is every natural person, legal entity or commercial enterprise that exports electricity to or receives electricity from a grid (§ 7 no. 49 ElWOG). In the present case, the grid users are the plant operators.

Obligated party. The obligated party is the grid operator (§ 5 para. 1 no. 2 ElWOG). Grid operators are the operators of transmission or distribution grids whose nominal frequency is 50 Hz (§ 7 no. 51 ElWOG).

Procedure

Process flow

The Clearing and Settlement Agency, which is entitled to the execution of renewable electricity is obliged to purchase and transmit all electricity from renewable sources. According to § 12 of the ÖSG 2012, this obligation to purchase is applicable only until a certain capacity is reached. The plant operators are obliged to provide additional services. These services and related terms and conditions are set out in the grid connection agreements. The grid operator may deny access to the grid only under the circumstances described by law (disruption, insufficient grid capacity, etc.) (§ 20 ElWOG).

Deadlines

On the national level, the obligation to give priority transmission to electricity from renewable energy sources is not subject to statutory deadlines.

Obligation to inform

If grid access was denied due to insufficient capacity, the grid operator shall inform the plant operator on the measures required to reinforce the grid and why these have not yet been taken.

Priority to renewable energy

  • Priority to renewable energy
  • Non-discrimination

The transmission of electricity from renewable energy sources has to be given priority over the transmission of electricity from other, non-renewable energy sources when capacity is not sufficient to meet all demands for use of the grid (§ 20 ElWOG). Apart from that, the grid operator may deny grid use to electricity from traditional energy sources to prevent electricity from renewable sources from being driven out of the market even though the price for renewable energy is in line with current market prices. In doing so, he is entitled to sell this electricity to third parties (§ 21 para. 1 ElWOG).

Curtailment

The grid operator may refuse access to the grid only in several legally defined cases, e.g. grid failures, lack of grid capacity or if RES-E would be crowded out (§ 21 par. 1 ElWOG). In these cases, the grid operators must give priority to RES-E.

In cases of dispute, the regulator has to determine whether or not the requirements for curtailment measures were fulfilled (§ 22 par. ElWOG). Grid operators have to explain the refusal in written form. In case of a curtailment due to lacking grid capacities, the grid operator has to provide information about which measures are necessary to reinforce the grid and why this has not happened yet.

Distribution of costs

Consumers

For the transmission grid 55 % of the costs for the use of the grid are distributed between final consumers according to the so-called gross cost rollup procedure “Brutto-Wälzverfahren” in Austria and Vorarlberg and 40% within the Region of Tyrol. The remaining amount is distributed according to the so-called net cost rollup procedure “Netto-Wälzverfahren” to consumers (§ 2 para. 1 SNE-VO 2012 idF Novelle 2017).

The costs for the use of the distribution grid are distributed between final consumers according to the particular distribution grid level they are connected to (§ 2 para. 2 SNE-VO 2012 idF Novelle 2017). 

Austria

Further information

Basic information on legal sources